Orcashore Terms of Service

Effective October 1, 2019

This document is an agreement between you and Orcashore Inc., Alberta, Canada (“Orcashore”) for the use of Orcashore website, software, and services (collectively “Services”). By using our Services, you agree to be bound by the following terms.

Privacy

Personal information collected by Orcashore will be treated in accordance with our Privacy Policy.

Software

Our desktop app ("Software") provides the user with both online and offline functionalities. Our website is the only source for downloading the Software. Once installed, the Software can then be used to download the latest update.

By downloading, installing, or otherwise using the Software, you are granted to use the Software as part of the Services. You agree not to decompile or reverse engineer the Software unless such restrictions are prohibited by laws. You also agree not to access our cloud-based data, files, and information using any measures other than the user interfaces we provide.

The Software is protected by copyright and other intellectual property laws and treaties. Except any third-party or open-source components, Orcashore owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. Orcashore reserves all rights not expressly granted to you under these terms.

Orcashore Account

You need an Orcashore account in order to use most of our Services. If you are younger than 16, you must not create or use an Orcashore account.

You can use the Software to register your Orcashore account, which requires your name and a password. Once you are registered in our central database, the Software will create a password-protected file on your computer to store the secrets with your account. The file will be used to sign in to the Services. If it is lost or damaged, you will lose your account even you have the password. Therefore you should back up your account file to a safe place. Since the file is protected by your password, it is important to remember your password and keep your password confidential. If you forgot your password and the Software could not recover it due to whatever reasons, you will lose your account. Note that some security procedures will also require you to enter your name (case sensitive), so remember your exact name with your account.

If your account is not associated with any Orcashore group, you must sign in to the Services at least once in a 365-day period to keep it active. If your account is inactive during such a period, we will close it for you by assuming that you no longer need our Services.

Orcashore Group

An Orcashore group represents an organization or a business entity using the Services.

You need an Orcashore account in order to create or join an Orcashore group. Note: Once you become an Orcashore group member, you will no longer be able to disassociate your Orcashore account from the group.

If you are going to create an Orcashore group, make sure that you are the person who can represent your organization because you will become the first administrator of the group. If you are an Orcashore group member, your group administrators are able to restrict or terminate your access to the Services.

Unless specially offered otherwise, if an Orcashore group did not pay the Services within 30 days after using the full-feature Services for a period of 30 days, most features of the Services will be disabled to all members of the group. In the meantime, the group enters an inactive status. To resume the full-feature Services, the group must pay the last 60-day full-feature Services. If the inactive status continues for a period of 365 days, however, we will permanently close the group account and all of its member accounts.

Your Content with our Services

Your content with our Services may include original content and/or encrypted content. While the original content can work with the Software offline functionality, the encrypted content is dependent on your Orcashore account. In other words, if your account is lost or closed, the encrypted content will be useless. To prevent potential data loss, always keep a copy of the original content on your computer. Furthermore, you are responsible for backing up your content including any original and encrypted.

The Software organizes your content by “packs”. When a pack turns from draft to final, it will be registered in our central database as shareable for a period of 365 days. Our Services offer you the ability to securely share your packs with others. When using our sharing Services, your content in our central database will be encrypted and only your recipients will be authorized to access it. You have the duty to ensure that your content through the Services will not violate any law.

We welcome your feedback about our Services. On the other hand, we may use your feedback or suggestions without any obligation to you.

Disclaimer of Warranties

Orcashore disclaims any warranties for the Services. The Services are provided “as is” without warranties, either express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of use or performance of the Services remains with you.

Limitation of Liability

In no event shall Orcashore be liable for any losses or damages whatsoever including lost data, lost profits, or direct, indirect, incidental, consequential, special, or punitive damages. To the extent permitted by law, the maximum liability of Orcashore for any claims under these terms will be up to an amount equal to your services fee for the 30-day period during which the losses or damages occurred (or up to $2.00 CAD if the Services are free).

Geographic Restrictions

Our Services are intended for residents in Canada and the U.S. only. If you are an eligible user and use the Services out of these two countries temporarily, please be aware some destinations may have laws that impact on your use of encryption.

Modifications to these Terms

Orcashore may modify these terms from time to time to accommodate our improvement and development of the Services. Your continued use of the Services after the effective date of such changes will be bound by the revised terms.

Governing Law and Jurisdiction

These terms shall be governed by the laws of the province of Alberta, Canada. Any action relating to these terms must be brought in Calgary, Alberta, and you and Orcashore irrevocably consent to the jurisdiction of such courts.